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Terms & Conditions

Emprise Canada Terms and Conditions of Service (“Terms”)

Last updated: December 1, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.emprise.ca Website (“Site”) operated by Emprise Canada (“Emprise”, "us", "we", or "our").

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.

By using the Site, you represent and warrant that you will only use our Site for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority in your state or province of residence. You agree not to attempt to interfere with our Site’s network or security features or to gain unauthorized access to our systems. If you provide us with any personal information, you authorize us to collect, use and disclose such information in accordance with our Privacy Policy.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.

Jurisdiction

This Site is hosted on servers in Alberta, Canada. Accordingly, your access and use of this Site shall be deemed to be provided in Alberta and subject to Alberta law and the laws of Canada applicable therein. If you access this Site from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand you are responsible for ensuring that it is lawful for you to use this Site in your jurisdiction.

If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by or related to this Site you may not: (i) enter into these Terms; or (ii) access or use this Site. By accessing or using this Site you are explicitly stating that you have verified in your own jurisdiction that your access and use of this Site is allowed.

Intellectual property

This Site, including all Emprise Content is the property of Emprise and its licensors, and may be protected by intellectual property laws, including copyright law, trademark law, patent law and other laws of Canada and other applicable jurisdictions.

Subject to these Terms, you are granted a limited license only to display and print the content and information contained in this Site for your own personal, non-commercial use; provided that such materials and information are not modified and that copyright and other intellectual property notices are not altered or deleted. You may not create derivative works from or otherwise reproduce, modify, republish or disseminate Emprise Content, or any element thereof, in any manner or form whatsoever. Unless you have entered into a separate agreement with Emprise, any other use of Emprise Content without our written permission is prohibited.

Any unauthorized use regarding publication, copying or modification of information in any of Emprise Content, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.

Errors and Omissions

Although Emprise believes all Emprise Content to be correct at the time it is posted, Emprise: (i) does not warrant the accuracy, completeness or currency of same at all times; and (ii) cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Content on this Site. Information contained in this Site does not constitute a solicitation or an offering of securities in any jurisdiction.

We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update the Content at any time, without prior notice to you.

Not Medical Advice

The content provided on the Site is provided for general informational purposes only, and does not constitute any representation as to the safety, efficacy, suitability, effectiveness or other features of cannabis or any other product in the management of any medical condition or for any purpose, and is not intended to provide, or to be a substitute for, professional medical advice.

Privacy

We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who access or use this Site. Our Privacy Policy is available for your review at http://www.emprise.ca/privacy.html.

You acknowledge and agree that access to and use of this Site is primarily provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

Links to third-party sites

Links from or to Sites outside this Site are provided for convenience only. These linked websites are provided solely as a convenience to you. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to this Site including the content of those sites.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SITE, THE CONTENT, AND THE PRODUCTS ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY EMPRISE, EITHER EXPRESS OR IMPLIED.
THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF THE CONTENT, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, THE PRODUCTS AND THE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMPRISE OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS (COLLECTIVELY, THE “EMPRISE PARTIES”) BE LIABLE TO YOU FOR ANY (A) INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (EVEN IF ANY OF THE EMPRISE PARTIES IS MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES), OR (B) ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH (I) THESE TERMS, (II) THIS SITE (INCLUDING ANY SITES LINKED FROM OR TO THIS SITE), (III) THE EMPRISE CONTENT, (IV) THE PRODUCTS, AND (V) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, THE EMPRISE PARTIES’ TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH (I) THESE TERMS, (II) THIS SITE (INCLUDING ANY SITES LINKED FROM OR TO THIS SITE), (III) THE EMPRISE MATERIALS, (IV) THE PRODUCTS, AND (V) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING SHALL BE LIMITED TO THE LESSER OF: (A) TWENTY ($20.00) DOLLARS (CAD); AND (B) THE AMOUNTS PAID BY YOU FOR ANY PRODUCTS PURCHASED BY YOU THROUGH THIS SITE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FINAL EVENT GIVING RISE TO SUCH LIABILITY.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR EMPRISE TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY EMPRISE, EMPRISE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES.

Please note that certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you; and in any such case, our liability will be limited to the maximum extent permitted by law.

Indemnification
 
IN CONSIDERATION FOR ACCESSING OR USING THIS SITE, YOU AGREE TO DEFEND AND INDEMNIFY THE EMPRISE PARTIES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, THREATS, ACTIONS, PROCEEDINGS, EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS) IN ANY WAY ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING IN CONNECTION WITH ANY PRODUCTS OFFERED THROUGH THIS SITE OR THE USE OF ANY INFORMATION CONTAINED IN OR OBTAINED THROUGH THIS SITE, YOUR VIOLATION OF THE TERMS OR ANY APPLICABLE LAW OR REGULATION, OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THIS SITE BY YOU, INCLUDING BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS PROVIDED BY YOU INFRINGE UPON ANY THIRD PARTY PROPRIETARY RIGHTS.

Term, termination and suspension

As above, Emprise may, at its sole discretion, at any time and from time to time, without notice, suspend your ability to use this Site and/or terminate these Terms or any of the licenses granted hereunder. Upon termination of these Terms, you shall immediately cease and desist from all use of this Site.

Entire agreement

These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.


Assignment

These Terms are not assignable, transferable or sub-licensable by you except with Emprise’s prior written consent. We may assign, transfer or convey these Terms, or any of our rights hereunder to a third party without notice to you.

Severability

If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

Governing Law
 
Any claims or disputes arising from, related to, or in connection with (i) these Terms, (ii) this Site, (iii) the Emprise Content, and (iv) your access, use, or reliance of any of the foregoing (each a “Dispute”) will be resolved in accordance with the laws in the Province of Alberta without regard to its conflict of law rules. Any such claims or disputes must be brought before the courts in the City of Calgary, Alberta and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the Emprise Parties relating to any Dispute and you also agree to opt out of any class proceedings against Emprise.

Contact information

Please contact us if you have any questions about these terms:

Emprise Canada
Email: info@emprise.ca